Timothy S. Kelley

Photographer 155 Belmont Drive Christiansburg, VA 24073 Cell

– 540.239.2827 Email

– vtkelley91@gmail.com

February 17, 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave SE Washington, DC 20590 I, Timothy S. Kelley , am writing pursuant to the FAA Modernization and Reform act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Timothy S. Kelley , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Timothy S. Kelley , may operate a small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regul ated by the Federal Aviation Administration (“FAA”) in accordance with FAA UAS Regulations & Policies. I would like to formally submit for an exemption from the following Section 333 regulations: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b). To operate the following UAS: DJI Phantom 3 along the guidelines of the accompanying o perator’s manuals. This UAS will be equipped with a detachable camera and will be transported in proper storage. This proposed exemption would allow me operation of an u nmanned aircraft system (UAS) for the purpose of aerial videography/ photography as a service to the public/ business interests.As found in exemption No. 11138 (Trudeau), the FAA recently approved similar

use of a Phantom 2 UAS. This device was selected because it has proven reliable flying capabilities managed by gyro stabilized fligh t, ground detection, GPS aided navigation, a compass, blinking LEDs, failsafe mode for returning home and prop guards. This will act to further safety protocols exclusive to lightweight UAS’s specific to video and photography usage as I, Timothy S. Kelley , record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assists with future protocol and safety regulations. **Specific section or sections of 14 CFR which I seek relief and the reason I**  **seek relief:** 14 C.F.R. Part 21: Airworthiness Certificates Given the size and limited operating area associated with the aircraft to be utilized by I, Ti mothy S. Kelley , an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the reform Act. In all cases, an analysis of these criteria demonstrates that the UA operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed. 14 C.F.R. 45.23: Display of marks: general The UAS will not have a cabin, cockpit, pilot station, fuselage, boom , or tail on which to mark certain words or phrases. Further, the two

- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. 14 C.F.R. 61.113(a) & (b): Private pilot privileges and li mitations: Pilot in command The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemption s to this regulation through Exemption Nos. 11062 and 11138. 14 C.F.R 91.7: Civil aircraft airworthiness Currently, since there is no certificate applicable to the UAS in question, this regulation is inapplicable.14 C.F.R. 91.9 (b)(2): Civil aircraft f light manual, marking, and placard requirements Requires an aircraft flight manual in the aircraft, however there are no pilots or passengers on board this aircraft and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the operator. 14 C.F.R. 91.119(c): Minimum safe altitudes I, Timothy S. Kelley will ensure that this UAS do es not operate any higher than 400 feet above ground level. I will not fly over congested area s. I will plan operations before hand, for proper flight safety, and proper height analysis as to avoid collisions. 14 C.F.R. 91.121: Altimeter settings The UAS utilize electronic GPS with a barometric sensor. An equivalent level of safety will be achieved by using this. 14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions The UAS that I will fly is powered by electricity, using lithium polymer batteries that currently have a flight limit of approximately no more than 20 minutes. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Timothy S. Kelley , however will always fly safely while having the manuals with me at all times during operation

. 14 C.F.R. 91.405(a): Maintenance Required, 14 C.F.R. 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91.409(a)(1) and (2): Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records Maintenance inspections may be required and should be granted since they only apply to aircraft with an airworthiness certificate. However I, Timothy S. Kelley , will perform preflight inspections of the UAS before each flight as outline d in the operating documents. I, Ti mothy S. Kelley , will also follow manufacturer recommendations from said operating documents. **Public Interest**Aerial photography and videography as an available service to the public allows

for a cheaper method to captu rin g imagery than its alternative ( Its alternative being aircraft and helicopters). They are expensive, create lots of noise, and are much more threatening due to size and combustible fuel. I, Timothy S. Kelley , would gladly offer my services upon request and with proper coordination to any official search and rescue or emergency services organization to benefit the public. Also as mentioned in the Trudeau exemption, exemption No.11138: “Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk of an onboard pilot and crew during an incident or accident is eliminated with the use of a [sUAS] for the proposed operation.” **Summ ary**  I, Timothy S. Kelley , am seeking exemption from the following rules: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 61.113(a), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 91.405(a), 14 C.F.R. 91.407(a)(1), 14 C.F.R. 91.409(a)(1) and (2), 14 C.F.R. 91.417(a) and (b)
Wi th the exemptions of the mentioned rules I, Timothy S. Kelley , will be seeking to make my drone photography/videography services availab le to the public. Alternatively the public sought to use helicopters and aircraft to achieve what I can offer in a safer, more cost efficient manner. By not using combustible fuel, flying at safe heights and strictly following the usage recommendations fro m DJI. These include but are not limited to:

 Flying the following UAS Safely : o DJI Phantom 3

 Flying below 400 feet

 Proper visual inspection of UAS before flights

 Keeping mentioned UAS in visual sight at all times when in operation

 Using an observer to assist if needed

 Remain well clear of and do not interfere with manned aircraft operations, and avoid other aircraft and obstacles at all times

 Not intentionally fly over unprotected persons or moving vehicles Contact the airport or control tower before flying within 5 miles of an airport

 Not flying in adverse weather conditions such as high winds or reduced visibility

 Not flying under the influence of alcohol or drugs

 Ensure the operating environment is safe

 Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc.

 Check and follow all local laws and ordinances before flying over private property

 Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual's permission.